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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH
SUBHASH VIDYARTHI
Ar Landcraft LLP Ltd. – Appellant
Versus
U.P. Real Estate Appellate Tribunal – Respondent
| Table of Content |
|---|
| 1. overview of procedural background. (Para 1 , 2 , 3 , 5 , 6) |
| 2. petitioner's arguments on judicial procedure violations. (Para 4 , 7 , 8 , 9 , 10) |
| 3. court's observations on procedural irregularities. (Para 12 , 13 , 14 , 15 , 16) |
| 4. interpretation of section 55 of rera act. (Para 17 , 18 , 19 , 20) |
| 5. discussion on reviewing tribunal decisions. (Para 21 , 22 , 23 , 24 , 25) |
| 6. court's stance on jurisdiction errors. (Para 26 , 27 , 28 , 29 , 30) |
| 7. judgment declared unsustainable in law. (Para 31) |
| 8. final order remitting appeals for fresh decision. (Para 32 , 33) |
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Shri Jaideep Narayan Mathur Senior Advocate assisted by Shri Utkarsh Srivastava, Shri Prashast Puri, Shri Abhinav Mathur, Shri Vinit Trehan, Shri Ashir Rohan Malik, Shri Shantanu Parashar and Shri Yash Srivastava Advocates, the learned Counsel for the petitioner in all the connected petitions and Shri Javed-ur-Rahman Advocate holding brief of Shri Prashant Singh Gaur Advocate, the learned counsel for the respondent No.3 in Petition Nos. 72 of 2026 and 74 of 2026, who states that he has instructions to appear in all the petition Nos.71 of 2026, 73 of 2026, 76 of 2026 and 77
Judgments must be delivered by the Bench that conducted the hearing; failing this constitutes a nullity, violating fundamental principles of judicial procedure.
The Real Estate Appellate Tribunal's orders are invalid if not composed according to statutory requirements, necessitating both a Judicial Member and a Technical Member for valid adjudication.
The jurisdiction of the Real Estate Appellate Tribunal was affirmed, directing adjudication of compensation claims based on statutory authority under RERA.
Review under DRT Rules limited to errors apparent on record; cannot reintroduce omitted grounds or serve as appeal. Res judicata bars successive challenges to sale notice post-auction. Section 14 del....
The appellate court's failure to address pertinent arguments submitted by the reviewing party constituted an error of law warranting the review of the judgment.
Special appeals against tribunal decisions are barred under Section 100-A CPC, confirming that such tribunals lack the status of a court for appeal purposes.
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